Some people confuse legal separation with divorce and throw these words around without quite understanding the gravity of each term. The differences between a decree of legal separation and divorce will allow you to understand the benefits and limitations that come with them.
What are the differences between the decree of legal separation and divorce?
A divorce determines the obligations of the divorcing spouses and is the legal end of their relationship for any purpose. On the other hand, a decree of legal separation indicates that separating couples are not responsible for the other’s support, any taxes or debts, except those established in the decree. Parties go through the same filing and service procedures and requirements and complete similar paperwork; however, there are distinct differences you must know, these include:
- When a separating couple gets a decree of legal separation in Colorado, they cannot remarry. They can do so when they convert their decree into the dissolution of marriage.
- Parties who get a decree of legal separation do not lose their inheritance rights unless they terminate their property rights or sign a written agreement.
- Some divorcing couples have moral or religious objections to divorce. A decree of legal separation determines their parenting responsibilities and relationship and financial independence in accordance with their beliefs or faiths.
- Although a rarity, separating couples who have a decree of legal separation maintain their retirement-related or insurance benefits, which they will lose completely once they divorce.
These differences enable you to discuss the possible courses of action with your divorce attorney in Denver, Colorado.
Ending Your Marriage
A divorce is a painful experience for both parties and children if they have any. There are long-term emotional and financial effects that couples must think about before finalizing the end of their marriage. A decree of legal separation provides divorcing parties time as their transition to divorce begins.